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The Federal Tax Service of Russia held an expanded joint meeting of the boards, devoted to the interaction of tax and law enforcement authorities to detect and investigate tax crimes, as well as compensation for damages. It was attended, including through videoconferencing, by Deputy Chairman of the Investigative Committee of Russia Elena Leonenko, head of the Russian Federal Tax Service Daniil Vyacheslavovich Egorov, Acting Head of the Department of Procedural Control over the investigation of certain types of crimes of the Investigative Committee of Russia Evgeniya Viktorovna Minaeva, the Head of the Main Directorate of Economic Security and Anti-Corruption of the Russian Interior Ministry Andrey Anatolievich Kurnosenko, heads and employees of departments of law enforcement and controlling authorities in the regions.
Daniil Vyacheslavovich Egorov, after greeting the participants in the event, noted that the achievement of national development goals of the country is the main priority in the work of all departments. The main challenge is to enforce the law while preserving entrepreneurial activity. He also stressed that in recent years, tax control has been based on a risk-based approach and modern technology. As a result, the number of field tax audits is decreasing and at the same time the share of independent clarification of tax liabilities by taxpayers is increasing. More than half of the receipts are based on the results of analytical work without the appointment of on-site inspections. The budget for the first nine months of 2021 received an additional 125 billion rubles.
During the meeting, Elena Leonenko noted that the quality of processing of materials coming from the tax authorities and internal affairs bodies allows today to initiate criminal prosecution in more than half of the cases. Correct emphasis on the fixation of direct intent in the actions of a dishonest taxpayer and the establishment of the facts of misrepresentation of tax reporting lead to the successful completion of the investigation. Each year, more than half of the initiated criminal cases are completed, of which more than a third are sent to court for consideration on the merits. However, the Deputy Chairman of the Investigative Committee of Russia stressed that criminal penalties for tax evasion should not be a priority. The main thing is to ensure that the damage caused is compensated in full.
E. Leonenko added that today a promising trend in issues of compensation for damages caused by tax crimes, is the formation of the practice of proving the sham transactions for the withdrawal of property from the title ownership of a dishonest taxpayer, made in order to avoid financial responsibility.
The issue of legislative improvement of the criminal liability of those persons who do not pay tax debts by abusing their civil rights was brought up for discussion. By deliberate, purposeful actions, they prevent the collection of arrears. In this regard, it is proposed to review the norms of the Criminal Code of the Russian Federation, establishing criminal liability for concealment of property, at the expense of which tax arrears should be collected.
Evgeniya V. Minayeva thanked her colleagues for the initiative of the event, which allows to optimize the joint work to identify and prevent tax crimes. In her speech, she noted that in the first 9 months of this year investigative agencies registered 2,740 such reports, which is 5.2% less than the same period last year. This is due to a legislative increase in the criminal amount of arrears and a reduction in the number of field tax audits, which most often reveal signs of crime. In view of these statistical data E.V. Minaeva proposed to consider the possibility of involving employees of the Ministry of Internal Affairs of Russia to conduct desk tax audits and control and analytical activities of tax authorities to determine the risks of violations of tax laws. She stressed that such a measure would contribute to the early detection of tax crimes, the collection of necessary materials and their timely referral to the investigating authorities.
At the end of the event, participants noted the importance of interaction in order to successfully work to combat tax crimes and budget refunds, identifying a set of measures to increase cooperation in this direction.